New York, 9 September 2002

Transcription

1 . 13. AGREEMENT ON THE PRIVILEGES AND IMMUNITIES OF THE INTERNATIONAL CRIMINAL COURT New York, 9 September ENTRY INTO FORCE: 22 July 2004, in accordance with article 35(1) which reads as follows: "1.The present Agreement shall enter into force thirty days after the date of deposit with the Secretary- General of the tenth instrument of ratification acceptance, approval or accession. 2. For each State ratifying, accepting, approving or acceding to the present Agreement after the deposit of the tenth instrument of ratification, aceptance approval or accession, the Agreement shall enter into force on the thirthieth day following the deposit with the Secretary-General of its instrument of ratification, acceptance, approval or accession.". REGISTRATION: 22 July 2004, No STATUS: Signatories: 62. Parties: 77. TEXT: United Nations, Treaty Series, vol. 2271, p. 3. Note: The above Agreement was adopted during the meeting of the Assembly of the States Parties, held from 3 to 10 September 2002, at United Nations Headquarters in New York. The Agreement is open for signature by all States as from 10 September 2002 at United Nations Headquarters in New York and will remain open for signature until 30 June Participant Albania... 2 Aug 2006 a Andorra...21 Jun Feb 2005 Argentina... 7 Oct Feb 2007 Austria...10 Sep Dec 2003 Bahamas...30 Jun 2004 Belgium...11 Sep Mar 2005 Belize...26 Sep Sep 2005 Benin...10 Sep Jan 2006 Bolivia (Plurinational State of)...23 Mar Jan 2006 Bosnia and Herzegovina Jan 2012 a Botswana Nov 2008 a Brazil...17 May Dec 2011 Bulgaria... 2 May Jul 2006 Burkina Faso... 7 May Oct 2005 Canada...30 Apr Jun 2004 Central African Republic... 6 Oct 2006 a Chile Sep 2011 a Colombia...18 Dec Apr 2009 Costa Rica...16 Sep Apr 2011 Croatia...23 Sep Dec 2004 Cyprus...10 Jun Aug 2005 Czech Republic... 4 May 2011 a Participant Democratic Republic of the Congo... 3 Jul 2007 a Denmark Sep Jun 2005 Dominican Republic Sep 2009 a Ecuador...26 Sep Apr 2006 Estonia...27 Jun Sep 2004 Finland...10 Sep Dec 2004 A France...10 Sep Feb 2004 AA Gabon Sep 2010 a Georgia Mar 2010 a Germany...14 Jul Sep 2004 Ghana...12 Sep 2003 Greece...25 Sep Jul 2007 Guinea... 1 Apr 2004 Guyana Nov 2005 a Honduras... 1 Apr 2008 a Hungary...10 Sep Mar 2006 Iceland...10 Sep Dec 2003 Ireland... 9 Sep Nov 2006 Italy...10 Sep Nov 2006 Jamaica...30 Jun 2004 Jordan...28 Jun 2004 Latvia...29 Jun Dec 2004 Lesotho Sep 2005 a XVIII 13. PENAL MATTERS 1

2 Participant Liberia Sep 2005 a Liechtenstein Sep 2004 a Lithuania...25 May Dec 2004 Luxembourg...10 Sep Jan 2006 Madagascar...12 Sep 2002 Malawi... 7 Oct 2009 a Mali...20 Sep Jul 2004 Malta Sep 2011 a Mexico Sep 2007 a Mongolia... 4 Feb 2003 Montenegro Oct 2006 d Namibia...10 Sep Jan 2004 Netherlands Sep Jul 2008 A New Zealand Oct Apr 2004 Norway...10 Sep Sep 2002 Panama...14 Apr Aug 2004 Paraguay...11 Feb Jul 2005 Peru...10 Sep Jan 2017 Poland...30 Jun Feb 2009 Portugal...10 Dec Oct 2007 Republic of Korea...28 Jun Oct 2006 Republic of Moldova May 2017 a Romania...30 Jun Nov 2005 Participant Samoa... 8 Apr 2016 a Senegal...19 Sep Sep 2014 Serbia...18 Jul May 2004 Sierra Leone...26 Sep 2003 Slovakia...19 Dec May 2004 Slovenia...25 Sep Sep 2004 Spain...21 Apr Sep 2009 State of Palestine... 2 Jan 2015 a Sweden...19 Feb Jan 2005 Switzerland...10 Sep Sep 2012 The former Yugoslav Republic of Macedonia Oct 2005 a Trinidad and Tobago...10 Sep Feb 2003 Tunisia Jun 2011 a Uganda... 7 Apr Jan 2009 Ukraine Jan 2007 a United Kingdom of Great Britain and Northern Ireland Sep Jan 2008 United Republic of Tanzania...27 Jan 2004 Uruguay...30 Jun Nov 2006 Venezuela (Bolivarian Republic of)...16 Jul 2003 Declarations and Reservations (Unless otherwise indicated, the declarations and reservations were made upon ratification, acceptance, approval or accession.) ARGENTINA With reference to the provisions of article 23 of the Agreement, the Republic of Argentina declares that: I. Without prejudice to paragraph 6 of article 15 and paragraph 1 (d) of article 16, a person referred to in articles 15, 16, 18, 19 and 21 shall, in the territory of the Republic of Argentina of which he or she is a national or permanent resident, enjoy only, the following privileges and immunities to the extent necessary for the independent performance of his or her functions or his or her appearance or testimony before the Court: (a) Immunity from personal arrest and detention; (b) Immunity from legal process of every kind in respect of words spoken or written and all acts performed by that person in the performance of his or her functions for the Court or in the course of his or her appearance or testimony, which immunity shall continue to be accorded even after the person has ceased to exercise his or her functions for the Court or his or her appearance or testimony before it; (c) Inviolability of papers and documents in whatever form and materials relating to the exercise of his or her functions for the Court or his or her appearance or testimony before it; (d) For the purposes of their communications with the Court and for a person referred to in article 19, with his or her counsel in connection with his or her testimony, the right to receive and send papers in whatever form. II. A person referred to in articles 20 and 22 shall, in the territory of the Republic of Argentina of which he or she is a national or permanent resident, enjoy only the following privileges and immunities to the extent necessary for his or her appearance before the Court: (a) Immunity from personal arrest and detention; (b) Immunity from legal process in respect of words spoken or written and all acts performed by that person in the course of her appearance before the Court, which immunity shall continue to be accorded even after his or her appearance before the Court. [The Argentine Government refers] to the attempt to extend the application of the Agreement to the Islas Malvinas, Georgias del Sur and Sandwich del Sur on the part of the United Kingdom of Great Britain and Northern Ireland dated 11 March XVIII 13. PENAL MATTERS 2

3 The Argentine Government recalls that the Islas Malvinas, Georgias del Sur and Sandwich del Sur and the surrounding maritime areas are an integral part of the Argentine national territory and are illegally occupied by the United Kingdom of Great Britain and Northern Ireland, being the subject of a sovereignty dispute between both countries which is recognized by several international organizations. The General Assembly of the United Nations adopted resolutions 2065 (XX), 316[0] (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25, in which the sovereignty dispute referred to as the Question of the Malvinas Islands is recognized and the Governments of the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland are urged to resume negotiations in order to find as soon as possible a peaceful and lasting solution to the dispute. Concurrently, the Special Committee on Decolonization of the United Nations has repeatedly affirmed this view. Also, the General Assembly of the Organization of American States adopted, on 4 June 2009, a new pronouncement, in similar terms, on the question. Therefore, the Argentine Government objects and rejects the British attempt to extend the application of the Agreement on the Privileges and Immunities of the International Criminal Court to the Islas Malvinas. The Argentine Government reaffirms its legitimate sovereign rights over the Islas Malvinas, Georgias del Sur and Sandwich del Sur and the surrounding maritime areas. AUSTRIA In accordance with Article 23 of the Agreement, the Republic of Austria declares that persons referred to in this article who are Austrian nationals or permanent residents of Austria shall, in the territory of the Republic of Austria, enjoy only the privileges and immunities referred to in this article. BOLIVIA (PLURINATIONAL STATE OF) The Republic of Bolivia declares that persons referred to in articles 15, 16, 18, 19 and 21 of this Agreement who are nationals or permanent residents of the Republic of Bolivia, and while staying in Bolivia territory, shall enjoy only the privileges and immunities referred to in paragraph (a) of article 23. The persons referred to in articles 20 and 22 who are either nationals or permanent residents shall be subject to the application of paragraph (b) of article 23 of this Agreement. BOTSWANA In accordance with Article 23 of the Agreement, the Republic of Botswana declares that the persons referred to in sub-paragraphs (a) and (b) of that Article, if they are nationals or permanent residents of the Republic of Botswana, shall in the Republic of Botswana enjoy only the privileges and immunities specified in those subparagraphs. CANADA "In accordance with Article 23 of the Agreement on the Privileges and Immunities of the International Criminal Court, Canada declares that persons referred to in articles 15, 16, 18, 19 and 21 of the Agreement who are nationals or permanent residents of Canada enjoy, while in Canada, only the privileges and immunities as required for the independent performance of his or her functions, or his or her appearance or testimony before the International Criminal Court, as laid down in Article 23." CHILE In accordance with article 23 of the Agreement on the Court, the Republic of Chile declares that persons referred to in this article who are Chileans nationals or permanent residents of Chile shall, in the territory of the Republic of Chile, enjoy only the privileges and immunities referred to in this article. CROATIA "The Republic of Croatia, pursuant to Article 23 of the Agreement on the Privileges and Immunities of the International Criminal Court, delcares that the persons referred to in that Article, who are nationals of the Republic of Croatia, or who are permanent residents of the Republic of Croatia, in the territory of the Republic of Croatia enjoy only the privileges and immunities referred to in that Article." CZECH REPUBLIC In accordance with Article 23 (a) and (b) of the Agreement on the Privileges and Immunities of the International Criminal Court the Czech Republic declares that citizens of the Czech Republic or persons with permanent residence in the territory of the Czech Republic enjoy, in the territory of the Czech Republic, the privileges and immunities to the exten[t] as laid down in Article 23. GERMANY "Germany declares according to Art. 23 of the Agreement that persons referred to in articles 15, 16, 18, 19 and 21 who are either nationals or permanent residents of the Federal Republic of Germany enjoy, while staying in German territory, only the privileges and immunities to the extent necessary for the independent performance of his or her functions or his or her appearance or testimony before the Court as laid down in the respective Article." GREECE "In accordance with article 23 of the Agreement on the Court, the Hellenic Republic declares that persons referred to in this Article who are either nationals or permanent residents of the Hellenic Republic shall, in the territory of the Hellenic Republic enjoy only the privileges and immunities referred to in this Article." ITALY "Pursuant to article 15, paragraph 6 of the Agreement on the Privileges and Immunities of the International Criminal Court, Italy declares that tax exemption for salaries, emoluments and allowances only applies to sum paid by the International Criminal Court to eligible persons under article 15, paragraph 6; and In accordance with article 23 of the Agreement on the Court, Italy declares that persons referred to in articles 15, 16, 18, 19 and 21 of the Agreement who are nationals or residents of Italy enjoy, while in Italy, only the privileges and immunities as required for the independent performance of his or her functions, or his or her appearance or testimony before the International Criminal Court, as laid down in article 23." LATVIA 7 "In accordance with article 23 of the Agreement on the Court, adopted at Geneva on the 9th day of September, 2002, the Republic of Latvia declares that the persons mentioned in the article 23, that are citizens or permanent XVIII 13. 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4 residents of the Republic of Latvia, in the territory of the Republic of Latvia enjoy only the privileges and immunities mentioned in the article 23." *[Within a period of 12 months from the date of circulation of the depositary notification (i.e. 28 November 2005), none of the Contracting States to the above Agreement notified the Secretary-General of an objection. Consequently the reservation is deemed to have been accepted for deposit upon the expiration of the 12 month period, i.e., on 28 November 2006.] LITHUANIA "...in accordance with Article 23 of the Agreement, the Republic of Lithuania declares that persons referred to in this article who are nationals or permanent residents of the Republic of Lithuania shall, in the territory of the Republic of Lithuania, enjoy only the privileges and immunities referred to in this article." MALTA Pursuant to Article 23 of the said Agreement, the Government of Malta declares that persons referred to in Articles, 15, 16, 18, 19 and 21, who are either nationals or permanent residents of Malta shall, in the territory of Malta, enjoy only the privileges and immunities to the extent necessary for the independent performance of his or her functions or his or her appearance or testimony before the Court as laid down in Article 23. NEW ZEALAND "...in accordance with Article 23 of the Agreement, that persons referred to in Articles 15, 16, 18, 19 and 21 of the Agreement who are nationals or permanent residents of New Zealand enjoy, in the territory of New Zealand, only the privileges and immunities to the extent necessary for the independent performance of his or her functions or his or her appearance or testimony before the Court as laid down in Article 23." POLAND In accordance with Article 23 of the Agreement, the Republic of Poland declares that persons referred to in this Article who are Polish nationals or permanent residents of the Republic of Poland shall, while staying in the territory of the Republic of Poland, enjoy only the privileges and immunities referred to in this Article. PORTUGAL "With regard to the Agreement on the Privileges and Immunities of the International Criminal Court, Portugal declares that the persons referred to in article 23 that are Portuguese nationals or have permanent residence in Portugal enjoy in Portuguese territory only the privileges and immunities referred to in this article." REPUBLIC OF KOREA Declaration: "The Republic of Korea, in accordance with Article 23 of the Agreement, declares that persons referred to in Article 15, 16, 18, 19 and 21 who are Korean nationals or permanent residents of Korea shall, in the Korean territory, enjoy only the privileges and immunities to the extent necessary for the independent performance of his/her functions, or his/her appearance or testimony before the Court as laid down in Article 23 paragraph (a), and persons referred to in Article 20 and 22 who are Korean nationals or permanent residents of Korea shall, in the Korean territory, enjoy only the privileges and immunities to the extent necessary for his/her appearance before the Court as laid down in Article 23 paragraph (b)." REPUBLIC OF MOLDOVA With reference to article 23 of the Agreement on the Court: Without prejudice to paragraph 6 of article 15 and paragraph 1 (d) of article 16, a person referred to in articles 15, 16, 18, 19 and 21, if they are nationals of the Republic of Moldova or are permanent residents in the Republic of Moldova, shall enjoy in the territory of the Republic of Moldova only the privileges and immunities provided for in article 23 (a), to the extent necessary for the independent performance of his or her functions or his or her appearance or testimony before the Court. The persons referred to in articles 20 and 22, if they are nationals of the Republic of Moldova or are permanent residents in the Republic of Moldova, shall enjoy in the territory of the Republic of Moldova only the privileges and immunities provided for in article 23 (b) to the extent necessary for his or her appearance before the Court. ROMANIA "In accordance with Article 23 of the Agreement on the Privileges and Immunities of the International Criminal Court, Romania declares that the persons referred to in Articles 15, 16, 18, 19 and 21, who are Romanian nationals or permanent residents of Romania shall, on the territory of Romania, enjoy only the privileges and immunities necessary for the independent performance of their functions or appearance or testimony before the Court stipulated in Article 23 paragraph a). The persons referred to in Articles 20 and 22, who are Romanian nationals or permanent residents of Romania shall, on the territory of Romania, enjoy only the privileges and immunities necessary for their appearance before the Court stipulated in Article 23 paragraph b)". SLOVAKIA "The Slovak Republic declares that persons referred to in Article 15, 16, 18, 19 and 21 of this Agreement who are either nationals or permanent residents of the Slovak Republic shall, in the territory of the Slovak Republic, enjoy only the privileges and immunities referred to in Article 23 paragraph a) of this Agreement. Persons referred to in Articles 20 and 22 of this Agreement, who are either nationals or permanent residents of the Slovak Republic shall, in the territory of the Slovak Republic, enjoy only the privileges and immunities referred to in Article 23 paragraph b) of this Agreement." SPAIN The Kingdom of Spain declares that, in accordance with article 23 of the Agreement on Privileges and Immunities of the International Criminal Court, the persons referred to in that article who are nationals or permanent residents of Spain, will only enjoy the privileges and immunities as required for the independent performance of their functions or their appearance or testimony before the Court, as laid down in article 23. SWITZERLAND In accordance with article 23 of the Agreement, Switzerland declares that persons referred to in this article who are Swiss nationals or permanent residents of Switzerland shall, in the territory of Switzerland, enjoy only the privileges and immunities referred to in this article. UKRAINE "In accordance with the Article 23 of the Agreement Ukraine declares that in the territory of the Ukraine citizens of Ukraine and other persons who permanently XVIII 13. PENAL MATTERS 4

5 reside in Ukraine enjoy only those privileges and immunities which are determined in this Article." UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND Declaration: In accordance with Article 23 of the Agreement, the United Kingdom declares that the persons referred to in sub-paragraphs (a) and (b) of that Article, if they are nationals or permanent residents of the United Kingdom, shall in the United Kingdom enjoy only the privileges and immunities specified in those sub-paragraphs. Reservation: The United Kingdom shall not be bound by Article 15, paragraph 3. Notes: 1 With the following territorial exclusion:...until further notice the agreement shall not apply to the Faroe Islands. 2 See note 1 under "Montenegro" in the "Historical Information" section in the front matter of this volume. 3 On 24 July 2008, upon its acceptance to the Agreement, the Government of the Netherlands declares that the Agreement will apply to the Netherlands Antilles and Aruba. 4 See note 1 under "New Zealand" regarding Tokelau in the "Historical Information" section in the front matter of this volume. Further, upon ratification, the Government of New Zealand made the following territorial declaration: "...in accordance with Article 23 of the Agreement, that persons referred to in Articles 15, 16, 18, 19 and 21 of the Agreement who are nationals or permanent residents of New Zealand enjoy, in the territory of New Zealand, only the privileges and immunities to the extent necessary for the independent performance of his or her functions or his or her appearance or testimony before the Court as laid down in Article 23." 5 On 20 October 2015, the Government of Ukraine made a communication. The text can be found here: C.N TREATIES-XVIII.13 of 20 October In a communication received on 11 March 2010, the Government of the United Kingdom of Great Britain and Northern Ireland informed the Secretary-General of the following: the Government of the United Kingdom of Great Britain and Northern Ireland wishes the United Kingdom s ratification of the aforesaid... Agreement to be extended to the following territories for whose international relations the United Kingdom is responsible: Anguilla Bermuda British Virgin Islands Cayman Islands Falkland Islands Montserrat Pitcairn, Henderson, Ducie and Oeno Islands St Helena, Ascension and Tristan da Cunha Sovereign Base Areas of Akrotiri and Dhekelia Turks and Caicos Islands The Government of the United Kingdom of Great Britain and Northern Ireland considers the extension of the aforesaid... Agreement to take effect from the date of deposit of this notification,. In a communication received on 11 February 2013, the Government of the United Kingdom of Great Britain and Northern Ireland informed the Secretary-General of the following: The Government of the United Kingdom of Great Britain and Northern Ireland wishes the United Kingdom s Ratification of the Agreement on the Privileges and Immunities of the International Criminal Court to be extended to the territory of the Isle of Man for whose international relations the United Kingdom is responsible. The Government of the United Kingdom of Great Britain and Northern Ireland considers the extension of the aforesaid Agreement to the Isle of Man to enter into force on the thirtieth day following deposit of this notification In a communication received on 20 April 2015, the Government of the United Kingdom of Great Britain and Northern Ireland informed the Secretary-General of the following:... the Government of the United Kingdom of Great Britain and Northern Ireland wishes the United Kingdom's Ratification of the Agreement to be extended to the territory of Gibraltar for whose international relations the United Kingdom is responsible. The Government of the United Kingdom of Great Britain and Northern Ireland considers the extension of the Agreement to Gibraltar to enter into force from the day of deposit of this notification... 7 In keeping with the depositary practice followed in similar cases, the Secretary-General received the reservation in deposit XVIII 13. PENAL MATTERS 5

6 in the absence of any objection on the part of any of the Contracting States, either to the deposit itself or to the procedure envisaged, within a period of 12 months from the date of the corresponding depositary notification lodged with the Secretary- General on 14 November As such, the above reservation was accepted in deposit upon the expiration of the abovestipulated 12-month period, that is on 28 November XVIII 13. PENAL MATTERS 6

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